4.2201 Requirements generally -Nepotism- Effective dates.

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In filling vacancies within the career service, ASPA will adhere to the policy guidelines set for in ASCA. It is ASPA’s policy that:

(1) Appointments and promotions to all positions shall be made solely on the basis of merit, fitness, length and quality of previous service, and relative skills, knowledge, and ability as shown by examinations;

(2) The same standards and methods shall be used in evaluating all candidates who are in competition for the same class of work;

(3) Permanent residents of American Samoa, or persons entitled to permanent residence as determined by the immigration law of American Samoa, shall be given first consideration for employment. This includes persons who meet the following criteria:

(A) The applicant was born in American Samoa;

(B) One of the parents of the applicant was born in American Samoa;

(C) The applicant is married to an American Samoan;

(D) The applicant was legally adopted by an American Samoan;

(E) The applicant has resided continuously in American Samoa for at least 10 years and has been approved by the immigration board. Only when no permanent resident can be found who meets the minimum qualifications for employment established for a particular class of work can another person be employed;

(4) Applicants who have been selected for positions in the career service must successfully pass a preemployment physical examination before they can be appointed;

(5) In all recruitment and placement activities, it is the policy of ASPA that 2 or more members of a family may be employed within the same office as long as one member does not officially and immediately supervise the other. This requirement not only is applied on the basis of facts as they exist as of the time of appointment but at any time while serving as an employee of ASPA;

(6) The official effective date for all recruitment and placement actions, as well as other personnel actions, shall be established by the Executive Director of ASPA except in the case of resignation, the date of which is established by the employee who is resigning. Effective dates are not made on a retroactive basis. The effective date for within-grade step increments is described in the section of these regulations on classification and pay. Effective dates for appointments can only be established after the prerequisite medical, police, and immigration clearances have been obtained by ASPA. Retroactive effective dates are only set when an administrative error has occurred or an appeals action results in retroactive corrective action.

History: Rule 11-84, eff 19 Dec 84, (part).